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Bill C-22

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Human Resources

Personnel

49. (1) The Director has exclusive authority to

    (a) appoint, lay off or terminate the employment of the employees of the Centre; and

    (b) establish standards, procedures and processes governing staffing, including the appointment, lay-off or termination of the employment of employees otherwise than for cause.

Right of employer

(2) Nothing in the Public Service Staff Relations Act shall be construed so as to affect the right or authority of the Director to deal with the matters referred to in paragraph (1)(b).

Personnel management

(3) Subsection 11(2) of the Financial Administration Act does not apply to the Centre, and the Director may

    (a) determine the organization of and classify the positions in the Centre;

    (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties;

    (c) notwithstanding section 56 of the Public Service Staff Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and

    (d) provide for any other matters that the Director considers necessary for effective personnel management in the Centre.

Political partisanship

50. Sections 32 to 34 of the Public Service Employment Act apply to the Director and employees of the Centre. For the purposes of those sections, the Director is deemed to be a deputy head and the employees are deemed to be employees as defined in section 2 of that Act.

Authority to Provide Services

Authority to provide services

51. When a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act is authorized to provide services to another department or portion of the public service of Canada specified in that Schedule, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so.

Disclosure of Information

Director to report to Minister

52. (1) The Director shall report to the Minister from time to time on the exercise of the Director's powers and the performance of his or her duties and functions under this Act.

Director to keep Minister informed

(2) The Director shall keep the Minister informed of any matter that could materially affect public policy or the strategic direction of the Centre, and any other matter that the Minister considers necessary.

Director to disclose other information

(3) The Director shall, at the Minister's request, disclose to the Minister any information that the Minister considers relevant for the purpose of carrying out the Minister's powers and duties under this Act.

Disclosure of information to advisor

(4) The Director shall disclose to a person engaged under subsection 42(4) any information that the person considers relevant for the purpose of advising the Minister on any matter referred to in subsection 42(2).

Limitation

53. The Director may not disclose any information under section 52 that would directly or indirectly identify an individual who provided a report or information to the Centre, or a person or an entity about whom a report or information was provided under this Act.

Reports and Information

Reports and information

54. The Centre

    (a) shall receive reports made under section 7, 9, 12 or 20, incomplete reports sent under subsection 14(5), information provided to the Centre by any agency of another country that has powers and duties similar to those of the Centre, information provided to the Centre by law enforcement agencies or government institutions or agencies and other information about suspicions of money laundering that is voluntarily provided to the Centre;

    (b) may collect information that the Centre considers relevant to money laundering activities and that is publicly available, including commercially available databases, or that is stored in databases maintained by the federal or provincial governments for purposes related to law enforcement and in respect of which an agreement was entered into under subsection 66(1);

    (c) shall analyse and assess the reports and information; and

    (d) subject to section 6 of the Privacy Act, shall retain each report and all information for a minimum of five years and a maximum of eight years after the report is received or the information is received or collected.

Disclosure and Use of Information

Disclosure by Centre prohibited

55. (1) Subject to subsections (3), (4) and (5), section 52, subsection 58(1) and section 65 and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:

    (a) information set out in a report made under section 7;

    (b) information set out in a report made under section 9;

    (c) information set out in a report made under subsection 12(1), whether or not it is completed, or section 20;

    (d) information about suspicions of money laundering that is provided voluntarily to the Centre;

    (e) information prepared by the Centre from information referred to in paragraphs (a) to (d); or

    (f) any other information, other than publicly available information, obtained in the administration or enforcement of this Part.

Disclosure by others prohibited

(2) The prohibition in subsection (1) also applies to the following persons:

    (a) any person who, in the course of exercising powers or performing duties or functions under this Part, obtained or has or had access to information referred to in subsection (1); and

    (b) any person or an employee of any person with whom the Centre enters into a contract, memorandum of understanding or other agreement for the provision of goods or services.

Disclosure of designated information

(3) If the Centre, on the basis of its analysis and assessment under paragraph 54(c), has reasonable grounds to suspect that designated information would be relevant to investigating or prosecuting a money laundering offence, the Centre shall disclose the information to

    (a) the appropriate police force;

    (b) the Canada Customs and Revenue Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue;

    (c) the Canadian Security Intelligence Service, if the Centre also determines that the information is relevant to threats to the security of Canada within the meaning of section 2 of the Canadian Security Intelligence Service Act; and

    (d) the Department of Citizenship and Immigration, if the Centre also determines that the information would promote the objective set out in paragraph 3(j) of the Immigration Act and is relevant to determining whether a person is a person described in subsection 19(1) or (2) or section 27 of that Act or to an offence under section 94.1, 94.2, 94.4, 94.5 or 94.6 of that Act.

Disclosure to foreign agencies

(4) The Centre may disclose designated information to an institution or agency of a foreign state or of an international organization established by the governments of foreign states that has powers and duties similar to those of the Centre if

    (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence or a substantially similar offence; and

    (b) the Minister has, in accordance with subsection 56(1), entered into an agreement or arrangement with that foreign state or international organization regarding the exchange of such information.

Disclosure to foreign agencies

(5) The Centre may disclose designated information to an institution or agency of a foreign state that has powers and duties similar to those of the Centre if

    (a) the Centre has reasonable grounds to suspect that the information would be relevant to the investigation or prosecution of a money laundering offence or a substantially similar offence; and

    (b) the Centre has, in accordance with subsection 56(2), entered into an agreement or arrangement with that institution or agency regarding the exchange of such information.

Recording of reasons for decision

(5.1) The Centre shall record in writing the reasons for all decisions to disclose information made under subsection (3) or paragraph (4)(a) or (5)(a).

Exception

(6) A person may disclose any information referred to in subsection (1) if the disclosure is necessary for the purpose of exercising powers or performing duties and functions under this Part.

Definition of ``designated information''

(7) For the purposes of subsections (3) to (5), ``designated information'' means, in respect of a financial transaction or an importation or exportation of currency or monetary instruments,

    (a) the name of the client or of the importer or exporter, or any person acting on their behalf;

    (b) the name and address of the place of business where the transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, importation or exportation occurred;

    (c) the amount and type of currency or monetary instruments involved or, in the case of a transaction, if no currency or monetary instruments are involved, the value of the transaction or the value of the funds that are the subject of the transaction;

    (d) in the case of a transaction, the transaction number and the account number, if any; and

    (e) any other similar information that may be prescribed.

Agreements and arrangements

56. (1) The Minister may enter into an agreement or arrangement, in writing, with the government of a foreign state, or an international organization established by the governments of foreign states regarding the exchange, between the Centre and any institution or agency of that state or organization that has powers and duties similar to those of the Centre, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a substantially similar offence.

Agreements and arrangements - Centre

(2) The Centre may, with the approval of the Minister, enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties similar to those of the Centre, regarding the exchange, between the Centre and the institution or agency, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a substantially similar offence.

Purposes

(3) Agreements or arrangements entered into under subsection (1) or (2) must restrict the use of information to purposes relevant to investigating or prosecuting a money laundering offence or a substantially similar offence.

Use of information

57. No person who obtained or who has or had access to information referred to in subsection 55(1) in the course of exercising powers or performing duties and functions under this Part shall use the information for a purpose other than exercising those powers or performing those duties and functions.

Feedback, research and public education

58. (1) The Centre may

    (a) inform persons and entities that have provided a report under section 7 or 9 about measures that have been taken with respect to reports of transactions under those sections;

    (b) conduct research into trends and developments in the area of money laundering and improved ways of detecting, preventing and deterring money laundering; and

    (c) undertake measures to inform the public, persons and entities referred to in section 5, authorities engaged in the investigation and prosecution of money laundering offences and others with respect to

      (i) their obligations under this Act,

      (ii) the nature and extent of money laundering in Canada, and

      (iii) measures that have been or might be taken to detect, prevent and deter money laundering in Canada, and the effectiveness of those measures.

Limitation

(2) The Centre may not disclose any information that would directly or indirectly identify an individual who provided a report or information to the Centre, or a person or an entity about whom a report or information was provided.

Immunity from compulsory processes

59. (1) Subject to section 36 of the Access to Information Act and section 34 of the Privacy Act, the Centre, and any person who has obtained or who has or had access to any information or documents in the course of exercising powers or performing duties and functions under this Act, other than Part 2, is required to comply with a subpoena, an order for production of documents, a summons or any other compulsory process only if it is issued in the course of court proceedings in respect of a money laundering offence or an offence under this Act in respect of which an information has been laid or an indictment preferred.

Search warrants

(2) Despite any other Act, no search warrant may be issued in respect of the Centre.

Limitation on orders for disclosure of information

60. (1) Despite any other Act, an order for disclosure of information may be issued in respect of the Centre only under subsection (4).

Purpose of application

(2) The Attorney General may, for the purposes of an investigation in respect of a money laundering offence, make an application under subsection (3) for an order for disclosure of information.

Application

(3) An application shall be made ex parte in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General - or a person specially designated by the Attorney General for that purpose - deposing to the following matters:

    (a) the offence under investigation;

    (b) the person in relation to whom the information or documents referred to in paragraph (c) are required;

    (c) the type of information or documents - whether in written form, in the form of a report or record or in any other form - obtained by or on behalf of the Director in respect of which disclosure is sought;

    (d) the facts relied on to justify the belief, on reasonable grounds, that the person referred to in paragraph (b) has committed or benefited from the commission of a money laundering offence and that the information or documents referred to in paragraph (c) are likely to be of substantial value, whether alone or together with other material, to an investigation in respect of that offence;

    (e) a summary of any information already received from the Centre in respect of the offence; and

    (f) information respecting all previous applications brought under this section in respect of any person being investigated for the offence.

Order for disclosure of information

(4) Subject to the conditions that the judge considers advisable in the public interest, the judge to whom an application is made may order the Director - or any person specially designated in writing by the Director for the purposes of this section - to allow a police officer named in the order to have access to and examine all information and documents to which the application relates or, if the judge considers it necessary in the circumstances, to produce the information and documents to the police officer and allow the police officer to remove them, where the judge is satisfied

    (a) of the matters referred to in paragraph (3)(d); and

    (b) that there are reasonable grounds for believing that it is in the public interest to allow access to the information or documents, having regard to the benefit likely to accrue to the investigation if the access is obtained.

The order must be complied with within the period following the service of the order that the judge may specify.

Execution in another province

(5) A judge may, if the information or documents in respect of which disclosure is sought are in a province other than the one in which the judge has jurisdiction, issue an order for disclosure and the order may be executed in the other province after it has been endorsed by a judge who has jurisdiction in that other province.

Service of order

(6) A copy of the order shall be served on the person to whom it is addressed in the manner that the judge directs or as may be prescribed by rules of court.

Extension of period for compliance with order

(7) A judge who makes an order under subsection (4) may, on application of the Director, extend the period within which it is to be complied with.